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MATTER OF COMPLYING STATUS OF LEONETTI

No. 81-03142; CA A26003.

665 P.2d 1251 (1983)

63 Or.App. 696

In the matter of the Compensation of Pamela Harrington, Claimant and in the MATTER OF the COMPLYING STATUS of Frank A. Leonetti, Jr. and Lorraine A. Leonetti, Dba Dip N Donut Restaurant, Employer. State Accident Insurance Fund Corporation, Petitioner, v. PAMELA HARRINGTON, Claimant, Frank A. Leonetti, Jr. and Lorraine A. Leonetti, Dba Dip N Donut Restaurant, Employer, Respondents.

Court of Appeals of Oregon.

Decided July 6, 1983.

Attorney(s) appearing for the Case

Darrell E. Bewley, Appellate Counsel, State Acc. Ins. Fund Corp., Salem, argued the cause and filed the brief for petitioner.

Michael D. Reynolds, Asst. Atty. Gen., Salem, waived appearance for Workers Compensation Dept.

No appearance for respondents.

Before RICHARDSON, P.J., and VAN HOOMISSEN and NEWMAN, JJ.

RICHARDSON, Presiding Judge.

The issue in this workers' compensation case is whether the Leonettis, doing business as Dip N Donut Restaurant are noncomplying employers. The referee held that SAIF was the insurer and consequently that the Leonettis were complying employers. The Workers' Compensation Board adopted the referee's opinion.

The facts underlying the issue are not disputed. Frank Leonetti owned and operated...

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